Appendix 5 - Amendments to the Workplace Relations Act[225]
An historical synopsis of the legislation complied by the Parliamentary
Research Service
The Workplace Relations
and Other Legislation Amendment Act 1996 is the principal
legislation which amended and renamed the Industrial Relations Act 1988 as
the Workplace Relations Act 1996 (WR Act) amended other legislation and contained
transitional provisions, for example, reducing award matters in pre-existing
federal awards so as to comply with allowable award matters under the WR Act.
Having passed the Senate, the bill was returned to the House of Representatives
where it was passed (read for a third time on 21 November 1996) and included amendments made in agreement
with the Australian Democrats. Its provisions (schedules) commenced from
December 1996 to May 1997. (Senate Economics
Committee report)
Workplace Relations
and Other Legislation Amendment Act (No.2) 1996: This act reflected the Commonwealth’s
obligations under an inter-governmental agreement (11 November 1996) between the State of Victoria and the Commonwealth to refer most of the
Victorian industrial jurisdiction to the Commonwealth. The referral also hinged
on legislation passed by the Victorian Parliament (the referral can be
retracted). The administration of the Victorian employee relations legislation
is transferred to the Commonwealth (in Schedule 1A of the WR Act). This act
provides most Victorian employees access to the Commonwealth dismissal
legislation while giving WR Act provisions additional effect in Victoria. For example, Australian workplace
agreements and certified agreements can be entered into with non-incorporated
businesses. The act came into effect on 19 December 1996.
Workplace Relations
and Other Legislation Amendment Act 1997: This act clarified the operation of key
provisions of the WR Act in respect of: the role of the Employment Advocate,
its staff and their investigation powers, provided for the disamalgamation of
registered organisations (such as unions and employer associations), the
removal of preference clauses from agreements, the role of the Australian
Industrial Relations Commission (the Commission) in selecting a ‘designated’
award to assess agreements against, the role of State awards and laws in
relation to dismissal and the application of transmission of business
provisions under the Victorian referral arrangement. The act came into effect
in December 1997.
Bills
not passed
Workplace Relations
Amendment Bill 1997:
This bill was the first of the bills designed to exempt small business (small
businesses then employing 15 or less employees) from legal actions contesting a
dismissal which the employee perceived to be harsh, unjust or unreasonable. The
Government had earlier attempted to secure this exemption by way of a
regulation to the WR Act which the Senate rejected on 26 June 1997. The bill was introduced to the House of
Representatives on 26 June 1997. A report
on the bill was made by the Senate Economics Legislation Committee on 20
October and the bill was negatived on 21 October 1997 in the Senate.
Workplace Relations
Amendment Bill 1997 [No.2]: As with its predecessor, this bill sought to exempt small business
from dismissal actions of employees. It was introduced in the House of
Representatives on 26 November 1997. The bill was introduced into the Senate on 5 March
1998 but failed to
pass the Senate on 25 March 1998. The bill thus became a ‘trigger’ for a
double dissolution of both houses of Parliament. Where there is disagreement
between the Senate and the House of Representatives, section 57 of the
Constitution allows for the resolution of the disagreement by the dissolution
of both houses by the Governor-General (presumably acting on advice from the
Prime Minister) and the calling of an election.(1) A specified
period between the bill failing the first time in the Senate and its
reintroduction in the House is required (three months), where the bill fails to
pass a second time, a double dissolution may (or may not) ensue.
Workplace Relations
and Other Legislation Amendment (Superannuation) Bill 1998: This Bill was introduced into the House of
Representatives on 4 December 1997 and was passed on 23 June 1998. It sought to remove superannuation as an
allowable matter in federal awards. Provisions of the Bill were referred to the Select Committee on
Superannuation which made a report
on 26 May 1998.
The bill lapsed at the end of the 38th Parliament.
Bills
passed as Acts
Workplace Relations Legislation Amendment (Youth Employment) Act 1999: This amendment exempts junior rates of pay
from the operation of the WR Act’s anti-discrimination provisions and promotes
the inclusion of junior rates of pay in awards and agreements. Agreement to
pass the Act followed an extensive research report on junior pay rates for the
Parliament prepared by the Commission. The bill was introduced into the House
of Representatives on 24 June 1999 and passed the Senate on 2
September 1999.
Workplace Relations
Amendment (Tallies) Act 2001: This act was introduced to the House of Representatives as the
Workplace Relations Amendment (Tallies and Picnic Days) Bill 2000 on 29 June
2000. Similar (but
more extensive) award matter reduction provisions were included in the
Workplace Relations Amendment (More Jobs Better Pay) Bill 1999. The act removed tally systems as
allowable award matters for the purposes of federal awards. It passed the
Senate on 5 March 2001 and the House of Representatives on 7 March,
without reference to union picnic days. It was referred to the Senate
Employment, Workplace Relations, Small Business and Education Legislation
Committee which made a report
on 7 September 2000.
Workplace Relations
Amendment (Termination of Employment) Act 2001: The bill was introduced to House of
Representatives on 27 June 2000 as the Workplace Relations Amendment
(Termination of Employment) Bill 2000. The act amends the WR Act’s termination
of employment provisions, contains provisions which discourage speculative or
unmeritorious dismissal claims and inserted a 3-month qualifying period before
new ‘permanent’ employees could access the dismissal provisions. The bill
passed the Senate on 8 August 2001. The bill was reviewed by the Senate
Employment, Workplace Relations, Small Business and Education Legislation
Committee (report,
7 September 2000). The House of Representatives agreed to amendments proposed by the
Senate on 9 August 2001.
Bills
not passed
Workplace Relations Legislation Amendment (Youth Employment) Bill 1998: This bill sought to exempt junior rates of
pay from the operation of the WR Act’s anti-discrimination provisions and
promote the inclusion of junior rates of pay in awards and agreements. It was
introduced to the House of Representatives on 26 November 1998 and to the Senate on 15
February 1999, and
was negatived there on 8 March 1999.
Workplace Relations
Amendment (Unfair Dismissals) Bill 1998: The bill sought to insert a 6-month
qualifying period of employment before new ‘permanent’ employees (other than
apprentices and trainees) could access the unfair dismissal remedy; and to
exclude new employees of small businesses (15 or less employees) from the
unfair dismissal remedy. The bill was introduced into the House of
Representatives on 12 November 1998 and introduced into the Senate on 3
December 1998. The bill
was referred to the Senate Employment, Workplace Relations, Small Business and
Education Legislation Committee which made a report
on 15 February 1999. The bill was negatived on 14 August 2000.
Workplace Relations
Amendment (Unfair Dismissals) Bill 1998 [No.2]: As with its predecessor, this bill sought
to insert a 6-month qualifying period of employment before new ‘permanent’
employees (other than apprentices and trainees) could access the unfair
dismissal remedy and to exclude new employees of small businesses (15 or less
employees) from the unfair dismissal remedy. This bill was introduced to the
House of Representatives on 29 November 2000 and into the Senate on 7 March
2001 where it was
negatived on 26 March 2001. This bill became a double dissolution
trigger (discussed above).
Workplace Relations
and Other Legislation Amendment (Superannuation) Bill 1998: As with its predecessor the bill proposed
to remove superannuation as an allowable award matter for the purposes of
federal awards and preclude the Commission from making an “exceptional matters
order” about superannuation. It was introduced to the House of Representatives
on 3 December 1998,
and it passed on 17 February 1999 but was adjourned in the Senate on 8 March
1999. It lapsed at
the end of the 39th Parliament.
Workplace Relations
Legislation Amendment (More Jobs, Better Pay) Bill 1999: The bill proposed to change the name of the
Commission to the Australian Workplace Relations Commission; change the AWRC’s
structure; extend conciliation by the Commission; introduce voluntary use of
mediation in industrial disputes; reduce the role of industrial awards;
introduce procedural changes to the termination of employment provisions and
unfair dismissal applications; reform the certification of agreements and the
making and approval of Australian Workplace Agreements (AWAs); clarify rights
and responsibilities relating to industrial action; reduce allowable award
matters; restrict union right of entry provisions; review the freedom of
association provisions; provide for expanded operation of WR Act provisions in
Victoria and reform the Federal Court’s role concerning contracts made with
independent contractors. The Bill
was introduced into the House of Representatives on 30 June 1999, and into the Senate on 14
October 1999. The
Senate Employment, Workplace Relations, Small Business and Education
Legislation Committee made a report
on the bill on 29 November 1999. The bill lapsed at the end of the 39th
Parliament.
Workplace Relations
Amendment Bill 2000:
The bill sought to define “pattern bargaining” and provide for defined
consequences where it occurs; enhance the Commission’s power to issue orders
that unlawful industrial action cease or not occur; provide access to
cooling-off periods in relation to protected industrial action; protect rights
to pursue common law remedies in response to unlawful industrial action in
Supreme Courts without additional litigation (anti-suit injunctions) being
sought from or issued by the Federal Court. The bill was introduced into the
House of Representatives on 11 May 2000. Similar provisions can be found in the WRA
‘More Jobs Better Pay’ Bill
1999. The Senate Employment, Workplace Relations, Small Business and Education
Legislation Committee made a report
on the bill on 7 September 2000. The bill lapsed at the end of the 39th
Parliament.
Workplace Relations
Amendment (Secret Ballots for Protected Action) Bill 2000: The bill required that, in order to be
protected action under the act, industrial action must be preceded by a secret
ballot process overseen by the Commission. The bill was introduced to House of
Representatives on 26 June 2000. Similar provisions can be found in the
‘More Jobs Better Pay’ Bill
1999. The Senate Employment, Workplace Relations, Small Business and Education
Legislation Committee made a report
on the Bill on 7 September 2000. Senate debate on the Bill was adjourned on 31 August 2000. The bill lapsed at the end of the 39th
Parliament.
Workplace Relations
Amendment (Australian Workplace Agreements Procedures) Bill 2000: The bill sought to simplify procedures and
approval processes in relation to Australian Workplace Agreements. Similar
provisions were contained in the WRA ‘More Jobs Better Pay’ Bill 1999. The bill was introduced to the House
of Representatives on 28 June 2000. The Senate Employment, Workplace Relations,
Small Business and Education Legislation Committee made a report
on the Bill on 7 September 2000. Senate debate on the bill was adjourned on 9
October 2000. The bill
lapsed at the end of the 39th Parliament.
Workplace Relations
Amendment (Prohibition of Compulsory Union Fees) Bill 2001: The bill sought to prevent the inclusion of
clauses in certified agreements which require the payment of fees for the
provision of bargaining services and prohibit action by unions to collect such
fees which have not been agreed to in writing in advance. The bill was
introduced into the House of Representatives on 23 May 2001. Debate on the bill was adjourned in the
Senate on 6 August 2001, but a report
on the bill by the Senate Employment, Workplace Relations, Small Business and
Education Legislation Committee was made on 19 September 2001. The bill lapsed at the end of the 39th
Parliament.
Workplace Relations
Amendment (Transmission of Business) Bill 2001: The bill sought to empower the Commission
to make an order that a certified agreement does not bind a new employer as a
result of a transfer of a business, or only binds the new employer to a
specified extent. The bill was introduced into the House of Representatives on 4 April
2001. It was
referred to the Senate Employment, Workplace Relations, Small Business and
Education Legislation Committee which made a report
on 18 June 2001.
The bill lapsed at the end of the 39th Parliament.
Workplace Relations
(Minimum Entitlements for Victorian Workers) Bill 2001: The bill provided minimal improvements to
minimum entitlements for employees in Victoria not covered by federal awards or agreements,
that is those workers employed under ‘Schedule 1A’ conditions (discussed
above). The bill was introduced into the House of Representatives on 9 August
2001. It lapsed at
the end of the 39th Parliament.
Workplace Relations
and Other Legislation Amendment (Small Business and Other Measures) Bill 2001: The bill sought to ensure that the
workplace relations system would take into account the circumstances of
employers and employees in small business; that new employees in businesses of
less than 20 employees (instead of 15 or less previously(2)) could
not bring an unfair dismissal claim; it proposed to reform the role and rights
of unions in small business matters and amend the Trade Practices Act 1974
to allow the Australian Consumer and Competition Commission to bring
representative actions in relation to secondary boycotts. It was introduced
into the House of Representatives on 30 August 2001 The bill was referred to
the Senate Employment, Workplace Relations, Small Business and Education
Legislation Committee (which did not report). The bill lapsed at the end of the
39th Parliament.
Workplace Relations
(Registered Organisations) Bill 2001: The bill was to incorporate into a separate piece of legislation
provisions of the WR Act which relate to the registration, amalgamation and
internal administration and regulation of registered organisations (employer
associations and trade unions). The bill also proposed to amend those
provisions, particularly in relation to financial accountability and disclosure
and democratic control and penalties for breaches of the proposed act. It was
introduced into the House of Representatives on 4 April 2001 and the Senate on 30 August 2001. The bill was referred to the Senate
Employment, Workplace Relations, Small Business and Education Legislation Committee
which made a report
on 18 June 2001.
It lapsed at the end of the 39th Parliament. The provisions of the bill
were reintroduced in 2002 as a schedule to the WR Act (see below: Acts of 40th
Parliament)
Workplace Relations
(Registered Organisations) (Consequential Provisions) Bill 2001: The bill proposed to preserve the
registration of registered organisations when the existing registration
provisions of the WR Act were repealed. It contained transitional and savings
provisions for the transition to the proposed Workplace Relations
(Registered Organisations) Act 2001. It was introduced into the House of
Representatives on 23 May 2001, and the Senate on 27 August 2001 where debate was adjourned on 30
August 2001. The bill
lapsed at the end of the 39th Parliament (Senate report as per
above).
Bills passed as Acts
Workplace Relations
Legislation Amendment Act 2002: The act amended the: Safety, Rehabilitation and Compensation Act
1988, the Seafarers Rehabilitation and Compensation Act 1992 and Seafarers
Rehabilitation and Compensation Levy Collection Act 1992 and effected
the transfer of operational responsibility for the Seafarers Safety,
Rehabilitation and Compensation Authority from the Department of Employment and
Workplace Relations to Comcare. It made a number of amendments to WR Act
concerning certified agreements. It made minor and technical amendments,
including removing the requirement for ministerial approval of contracts over
$500 000 and delegation of rehabilitation powers and functions by the
Chief of the Defence Force; amended the National Labour Consultative Council
Act 1977 to rename the Council as the National Workplace Relations Consultative
Council. It was introduced to the House of Representatives on 26 June
2002 and passed the
Senate on 5 December 2002.
Workplace Relations
Amendment (Genuine Bargaining) Act 2002: The act specifies factors to be taken into
account by the Commission when considering whether a negotiating party is not
genuinely trying to reach agreement and empowers the Commission to make orders
in relation to new bargaining periods. It was introduced into the House of
Representatives on 20 February 2002. The bill was referred to the Senate
Employment, Workplace Relations and Education Legislation Committee which made
a report
on 15 May 2002.
The Senate passed the bill on 25 September 2002 with amendments, some of which
were agreed to by House of Representatives on 16 October 2002, and others were
not insisted on by the Senate (19 November 2002).
Workplace Relations
Amendment (Registration and Accountability of Organisations) Act 2002: (Previous title: Workplace Relations
(Registration and Accountability of Organisations) Bill 2002). The act amends
the WR Act in relation to the registration, amalgamation and internal
administration and regulation of registered organisations, including election
processes, duties of officers and employees of those organisations, financial accountability
and disclosure, democratic control and penalties for breaches. The bill was
referred to the Senate Employment, Workplace Relations and Education
Legislation Committee which reported on 18 June 2001 (report
on the predecessor bill). The bill was introduced to the House of
Representatives on 21 March 2002, and to the Senate on 15
October 2002 and
passed 16 October 2002.
Workplace Relations
Legislation Amendment (Registration and Accountability of Organisations)
(Consequential Provisions) Act 2002: Further to the Workplace Relations Amendment (Registration and
Accountability of Organisations) Bill 2002, the bill makes consequential
amendments, including the repeal of certain provisions of the WR Act and
contains transitional and savings provisions, notably preserving the
registration of registered organisations and also amends the WR Act to: correct
errors and omissions, remove obsolete references and makes consequential
amendments to 20 other Acts. The act was also introduced to the House of
Representatives on 21 March 2002 and passed the Senate on 16
October 2002.
Workplace Relations
Amendment (Improved Protection for Victorian Workers) Act 2003: This Act was introduced as the Workplace
Relations Amendment (Improved Protection for Victorian Workers) Bill 2002) to
the House of Representatives on 21 March 2002. The act extended safety net entitlements
for employees in Victoria not covered by federal awards or agreements (under
Schedule 1A of the WR Act); provided access by Victorian employees to the
federal award system not provided by its 2001 predecessor bill; provided
minimum pay rates for Victorian contract workers in the textiles, clothing and
footwear industries and annual leave entitlements for Victorian employees. It
was referred to the Senate Employment, Workplace Relations and Education
Legislation Committee which made a report
on 18 November 2002. It passed the House of Representatives on 26 November 2003 and the Senate on 5 December 2003.
Workplace Relations
Amendment (Fair Termination) Act 2003: The act amended the WR Act’s termination of employment
provisions by excluding certain classes of employees, including short-term
casual employees from making dismissal applications; validated the operation of
regulations purporting to exclude short-term casual employees (following a
Federal Court decision invalidating these regulations) from the time the
regulations were made to the commencement of the new termination provisions in
this bill; and provided for the payment, and indexation, of a filing fee for
termination of employment applications and amended workplace relations
regulations to repeal now invalidated provisions excluding certain classes of
employees from termination of employment provisions. The bill was introduced
into the House of Representatives on 20 February 2002, and to the Senate on 12
December 2002 with
amendments. The bill was referred to the Senate Employment, Workplace Relations
and Education Legislation Committee which made a report
on 15 May 2002.
The House of Representatives agreed to certain amendments on 16
September 2003.
Workplace Relations
Amendment (Protection for Emergency Management Volunteers) Act 2003: The act made it unlawful to dismiss
emergency management volunteers who are temporarily absent from the workplace
on voluntary emergency management duty. The bill was introduced into the House
of Representatives on 6 March 2003, and passed the Senate on 26 June
2003.
Workplace Relations
Amendment (Prohibition of Compulsory Union Fees) Act 2003: The act amended the certified agreement and
freedom of association provisions and nullified clauses in certified agreements
that purport to require payment of bargaining services fees and prohibited
conduct designed to compel persons to pay such fees. The bill was first
introduced into the House of Representatives on 20 February 2002, and to the Senate on 19 June
2002, where it was
passed with amendments on 21 August 2002. A report
on the predecessor bill by the Senate Employment, Workplace Relations, Small
Business and Education Legislation Committee had been made on 19
September 2001. The
House disagreed with the Senate’s amendments on 28 August 2002 but the Senate insisted on these on 28
August 2002. The
House set the bill aside on 18 September 2002.
The bill was re-introduced into House of Representatives on 4
December 2002. It
was introduced to the Senate on 3 March 2003 and it was passed on 24 March
2003. The House of
Representatives accepted certain of the amendments on 25 March 2003, and the Senate did not insist on its
remaining amendments on 26 March 2003.
Workplace Relations
Amendment (Codifying Contempt Offences) Act 2004: The act amends the WR Act in relation to
the giving of evidence to the Commission provides compliance powers (requiring
requested information to be produced etc) in relation to the building industry;
increases the quantum of penalties; provides additional grounds for
disqualification from holding office in a registered organisation and provides
‘whistleblower’ protections for members, officials and employees of registered
organisations. The bill was introduced into House of Representatives on 26 June
2003, and into the
Senate on 20 August 2003, where it was negatived on 3 March
2004. The bill was
referred to the Senate Employment, Workplace Relations and Education
Legislation Committee which made a report
on 30 October 2003.
The bill was ‘re-committed’ to the Senate on 21 June 2004, and the amended bill was passed by both
houses on 26 June 2004.
Workplace Relations
Amendment (Improved Remedies for Unprotected Action) Act 2004: The act ensured that applications for
orders to prevent unprotected industrial action are dealt with quickly and
that, in dealing with applications, the Commission takes into account the
undesirability of unprotected action. It was introduced into the House of
Representatives on 26 June 2002, and into the Senate on 11
September 2003. It
was referred to the Senate Employment, Workplace Relations and Education
Legislation Committee which reported
on 30 October 2003.
The Bill passed the Senate on 2 March
2004 with amendments
which the House accepted on 3 March 2004.
Workplace Relations
Amendment (Transmission of Business) Act 2004: The act empowered the Commission to make an
order that a certified agreement does not bind a new employer as a result of a
transfer of a business, or, only binds the new employer to a specified extent.
The Bill was introduced to the House of Representatives
on 21 March 2002,
but did not pass until 25 June 2003. It was introduced to the Senate on 26 June
2003 and passed with
amendments on 13 August 2003. The House of Representatives agreed to
certain amendments on 2 March 2004. It’s predecessor bill had been referred to
the Senate Employment, Workplace Relations, Small Business and Education
Legislation Committee which made a report
on 18 June 2001.
Bills
not passed
Workplace Relations
Amendment (Prohibition of Compulsory Union Fees) Bill 2002: The bill sought to amend the WR Act’s
certified agreement and freedom of association provisions and nullify clauses
in certified agreements that purport to require payment of bargaining services
fees and prohibited conduct designed to compel persons to pay such fees. The bill
was first introduced into the House of Representatives on 20
February 2002, and
to the Senate on 19 June 2002, where it was passed with amendments on 21
August 2002. A report
on the predecessor bill by the Senate Employment, Workplace Relations, Small
Business and Education Legislation Committee had been made on 19
September 2001. The
House disagreed with the Senate’s amendments on 28 August 2002 but the Senate insisted on these on 28
August 2002. The
House set the Bill aside on 18 September 2002. (The bill was reintroduced and passed).
Workplace Relations
Amendment (Choice in Award Coverage) Bill 2002: The bill sought to provide all businesses
with information about their rights and the processes involved with logs of
claims; limit the ability of unions to involve small businesses which employ no
union members into the federal jurisdiction; and require the Commission to
inquire into views of unrepresented small business employers potentially affected
by a log of claims. The bill was introduced into the House of Representatives
on 13 November 2002. The Bill was passed as the Workplace Relations
Amendment (Choice in Award Coverage) Bill 2004 on 11 February 2004. The bill was introduced and adjourned in the
Senate on 1 March 2004. The Senate Employment, Workplace Relations
and Education Legislation Committee reported
on the bill on 17 June 2004. The bill lapsed at the end of the 40th
Parliament.
Workplace Relations
Amendment (Award Simplification) Bill 2002: The bill sought to limit and clarify
allowable award matters and make related changes to the award making powers of
the Australian Industrial Relations Commission. The bill was introduced to
House of Representatives on 13 November 2002 and passed the House of Representatives on 1 April
2004. It was
introduced to the Senate on 11 May 2004 and a report
was made by the Senate Employment, Workplace Relations and Education
Legislation Committee on the bill on 17 June 2004. The Bill lapsed at the end of the 40th
Parliament.
Workplace Relations
Amendment (Fair Dismissal) Bill 2002: The bill sought to exempt small businesses (less than 20 employees)
from the unfair dismissal provisions (except in relation to apprentices and
trainees) and require the Commission to order that an unfair dismissal
application is invalid if it relates to a small business employer. The bill was
introduced to the House of Representatives on 13 February 2002, and into the Senate on 11 March
2002. It was
referred to the Senate Employment, Workplace Relations and Education
Legislation Committee which reported
on 15 May 2002.
The House of Representatives disagreed to amendments proposed by the Senate on 28 June
2002, and the bill
was laid aside.
Workplace Relations
Amendment (Fair Dismissal) Bill 2002 [No 2]: The bill sought to exempt small businesses
(less than 20 employees) from the unfair dismissal provisions (except in
relation to apprentices and trainees) and require the Commission to order that
an unfair dismissal application is invalid if it relates to a small business
employer. It was introduced into the House of Representatives on 18
September 2002 and
into the Senate on 23 October 2002. The House disagreed with Senate amendments
on 5 March 2003.
The Senate again insisted on its amendments. The House laid the bill aside 25 March
2003. The Bill became a double dissolution trigger.
Workplace Relations
Amendment (Secret Ballots for Protected Action) Bill 2002: The bill required that, in order to be
protected industrial action under the act, such action must be preceded by a
secret ballot process overseen by the Commission and allows protected
industrial action to be taken without a secret ballot after a cooling-off
period and provides for the recommencement of protected action after the end of
a suspension of a bargaining period. The bill was introduced into House of
Representatives on 20 February 2002, and into the Senate on 24 June
2002 where it was
negatived on 25 September 2002. The bill had been reviewed by the Senate
Employment, Workplace Relations and Education Legislation Committee (report
of 15 May 2002).
Workplace Relations
Amendment (Secret Ballots for Protected Action) Bill 2002 [No 2]: As with its predecessor, the bill sought to
require that, in order to be protected industrial action under the Act, such
action must be preceded by a secret ballot process overseen by the Commission and
to allow protected industrial action to be taken without a secret ballot after
a ‘cooling-off’ period and provided for the recommencement of protected action
after the end of a suspension of a bargaining period. The bill was introduced
into the House of Representatives on 13 November 2002, and into the Senate on 5 March
2003, where it was
negatived on 24 March 2003. The bill became a double dissolution
trigger.
Workplace Relations
Amendment (Termination of Employment) Bill 2002: The bill sought to extend the operation of
the federal unfair dismissal system to all employees of constitutional
corporations and to prevent employees from accessing remedies under comparable
State unfair dismissal schemes and to make other amendments to the operation of
the unfair dismissal system. The bill was introduced into the House of
Representatives on 13 November 2002. It was introduced into the Senate on 16 June
2003. The bill was
referred to the Senate Employment, Workplace Relations and Education
Legislation Committee which reported
on 26 June 2003.
The bill was negatived in the Senate on 11 August 2003.
Workplace Relations
Amendment (Termination of Employment) Bill 2002 [No 2]: As with its predecessor, the bill sought to
extend the operation of the federal unfair dismissal system to all employees of
constitutional corporations; prevent employees from accessing remedies under
comparable state unfair dismissal schemes and make amendments to the operation
of the unfair dismissal system. The bill was introduced on 6
November 2003 to the
House of Representatives and to the Senate on 11 February 2004 where it was negatived on 22 March
2004. The bill
became a double dissolution trigger.
Workplace Relations
Amendment (Better Bargaining) Bill 2003: The bill proposed to restrict access to
industrial action before the expiration of an agreement; provide more ready
access by employers to cooling-off periods; allow third party suspensions of
industrial action and limit union access to protected and unprotected industrial
action. It was introduced into the House of Representatives on 6
November 2003 and
into the Senate on 1 March 2004. The Bill was referred to the Senate Employment,
Workplace Relations and Education Legislation Committee which reported
on 17 June 2004.
The bill lapsed at the end of the 40th Parliament.
Workplace Relations
Amendment (Codifying Contempt Offences) Bill 2003: The bill sought to codify offences that
amount to contempt of the Commission; create a new offence prohibit the giving
of false evidence to the Commission; update certain penalties and insert
legislative notes after certain provisions. The bill was introduced into House
of Representatives on 26 June 2003, and into the Senate on 20
August 2003, where
it was negatived on 3 March 2004. The bill was referred to the Senate
Employment, Workplace Relations and Education Legislation Committee which made
a report
on 30 October 2003.
Workplace Relations
Amendment (Protecting the Low Paid) Bill 2003: The bill sought to ensure that the primary focus
of the award safety net is to address the needs of the low paid. It also
required the Commission to recognise this primary focus when performing its
functions and exercising its powers in relation to awards. It was introduced to
the House of Representatives on 13 February 2003, and to the Senate on 6 March
2003. The bill was
referred to the Senate Employment, Workplace Relations and Education
Legislation Committee which reported
on 19 June 2003.
The bill lapsed at the end of the 40th Parliament.
Building and
Construction Industry Improvement Bill 2003: The bill provided a workplace relations
regulatory framework for the building and construction industry. It would
establish the Australian Building and Construction Commission, impose limits
on pattern bargaining and strike action, and impose substantial constraints on
union organising rights and activities in the industry. The bill was introduced
to the House of Representatives on 6 November 2003 and to the Senate on 10
February 2004. An
inquiry into the construction industry was undertaken by the Senate Employment,
Workplace Relations and Education References Committee which reported
on 21 June 2004.
The bill lapsed at the end of the 40th Parliament.
Building and
Construction Industry Improvement (Consequential and Transitional) Bill 2003: The bill was introduced with the Building
and Construction Industry Improvement Bill 2003. The bill made consequential
amendments to the WR Act and technical amendments to 8 other Acts. It also
contained application, saving and transitional provisions and a
regulation-making power. As with the main bill, it was introduced into the
House of Representatives on 6 November 2003 and lapsed at the end of the 40th
Parliament.
Workplace Relations
Amendment (Compliance with Court and Tribunal Orders) Bill 2003: The bill required officers and employees of
registered organisations to comply with orders and directions of the Commission
and the Federal Court and provided sanctions for failure to comply. It was
introduced to the House of Representatives on 13 February 2003, and introduced to the Senate on 14
August 2003. The bill
was referred to Employment, Workplace Relations and Education Legislation
Committee which reported
on 30 October 2003.
The bill was negatived at third reading 8 March 2004.
Workplace Relations
Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2004: The bill sought to amend the freedom of
association provisions of the WR Act and to extend the federal prohibition on
bargaining service fees clauses to State employment agreements to which a
constitutional corporation is a party. The bill was introduced into the House
of Representatives on 11 August 2004 but lapsed at the end of the 40th
Parliament.
Workplace Relations
Amendment (Fair Dismissal) Bill 2004: The bill sought to exempt small businesses from the unfair dismissal
provisions (except in relation to apprentices and trainees) and require the
Commission to order that an unfair dismissal application was invalid if it
related to a small business employer (which had less then 20 employees). The bill
was introduced to the House of Representatives on 3 June 2004, and into the Senate on 30
August 2004, where
it was adjourned. The bill lapsed at the end of the 40th Parliament.
Workplace Relations
Amendment (Protecting Small Business Employment) Bill 2004: The bill sought to restore the exemption
for small business from redundancy payments by overturning part of the decision
of the Commission (26 March 2004) to impose redundancy pay obligations on
small businesses. The bill was introduced into House of Representatives on 26 May
2004. It was
introduced into the Senate on 3 August 2004 and was referred to the Senate Employment,
Workplace Relations and Education Legislation Committee which made a report
on the successor bill on 14 March 2005. The bill lapsed at the end of the 40th
Parliament.
Workplace Relations
Amendment (Simplifying Agreement-making) Bill 2004: The bill sought to simplify certified agreement-making
at the workplace level; reduce the delays, formality and cost involved in
having an agreement certified; prevent interference by third parties in
agreement-making and provide for the extended operation of certified agreements
of up to five years. It was introduced into the House of Representatives on 26 June
2002 and was passed
on 12 February 2004 as the Workplace Relations Amendment (Simplifying Agreement-making)
Bill 2004. The bill was introduced to the Senate on 1 March 2004 and was referred to the Senate Employment,
Workplace Relations and Education Legislation Committee which reported
on 17 June 2004.
The bill lapsed at the end of the 40th Parliament.
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